Knowing your rights as an overtime eligible APA position
- Are you a Grade Level 11 or lower?
- Are you being asked, (directly or indirectly) to work more than 40 hours/week?
- Are you expected to complete a weekly workload that takes more than 40 hours of work without additional compensation?
- Is this happening without your supervisor being directly aware of the required effort it takes to complete these assignments?
- Are you getting paid overtime (1 ½) for those hours or compensatory time?
- Is that time being entering into EBS?
The APA contract states APAs level 8 – 11 are overtime eligible (only with prior supervisor approval) if they are working more than 40 hours.
ARTICLE 18
SPECIAL PROVISIONS
Overtime
-140 Bargaining Unit Employees in grade levels AP 08, 09, 10, and 11 will receive overtime payment at the rate of time and one-half for scheduled hours worked in excess of 40 in a work week. Compensatory time at the same rate may be used where mutually agreed to by the Employee and the Unit Administrator.
-141 In health care delivery facilities where bi-weekly work schedules of eighty (80) hours are maintained, overtime pay or compensatory time off will be given for any scheduled hours worked in excess of eighty (80) hours in a bi-weekly period.
-142 Holiday time is considered as time worked for the purpose of overtime computation. Overtime premium shall not be pyramided, compounded or paid twice for the same time worked.
-143 Unit administrators or designees are responsible for the approval of overtime prior to the performance of overtime work. Approval means time worked as directed by the Employee’s supervisor and does not include casual or unscheduled time spent at work beyond the normal work day or work week.
-144 Employees at grade level AP 12 and above are not eligible for overtime pay. However, where unusual staffing and work requirements exist, the unit administrator may approve compensatory time off equal to the number of overtime hours worked.
We have been hearing a number of situations where APA overtime eligible positions are working over 40 hours/week without understanding there is a requirement to be paid for those extra hours. The employee needs to have prior supervisor permission to be paid. If you are working without it being understood AND supervisor approved prior to doing that work, you could be disciplined for not following policy.
As an example for grade levels 11 or lower, if your supervisor is sending you communications during your off hours, with the expectation of a response. You will need supervisor approval for overtime compensation before you complete that work. If you are being informed (intimidated) with discipline for not responding, it is very important you contact your APA representative as there are violations of the contract as well as possible violations of the MSU Administrative Staff policy.
If you have questions or concerns, please contact the APA office at (5170 999-4004 or email [email protected]